Examinations of Working Places in Metal and Nonmetal Mines
| Published date | 30 September 2019 |
| Citation | 84 FR 51400 |
| Record Number | 2019-20852 |
| Section | Rules and Regulations |
| Court | Mine Safety And Health Administration |
Federal Register, Volume 84 Issue 189 (Monday, September 30, 2019)
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51400-51401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20852]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 57
[Docket No. MSHA-2014-0030]
RIN 1219-AB92
Examinations of Working Places in Metal and Nonmetal Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Technical amendments; conforming to Court order.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is
reinstating the regulatory provisions for examinations of working
places in metal and nonmetal mines published on January 23, 2017. The
U.S. Court of Appeals for the District of Columbia Circuit issued an
order on June 11, 2019, and a mandate on August 23, 2019, requiring
this action.
DATES: Effective September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office
of Standards, Regulations, and Variances, MSHA, at
[email protected] (email), 202-693-9440 (voice), or 202-693-
9441 (fax). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION: On January 23, 2017, MSHA published a final
rule, Examinations of Working Places in Metal and Nonmetal Mines (MNM),
amending the Agency's standards for the examinations of working places
in MNM mines, 30 CFR 56.18002 and 57.18002 (82 FR 7680). The final rule
required that an examination of the working place be conducted at least
once each shift before miners begin working in that place, that
operators notify miners in the affected areas of any conditions found
that may adversely affect their safety or health, that operators
promptly initiate corrective actions, and that a record be made of the
examination. The final rule required the examination record to include:
The name of the person conducting the examination, the date of the
examination, the location of all areas examined, a description of each
condition found that may adversely affect the safety or health of
miners, and the date of corrective action. In addition, the final rule
required the operator to make the examination record available to the
authorized representative of the Secretary and miners' representatives
and provide a copy upon request.
On September 12, 2017, MSHA reopened the record and proposed
limited changes addressing two issues: (1) The timing of working place
examinations; and (2) which adverse conditions and corrective actions
must be included in the working place examinations record (82 FR
42757). Specifically, MSHA proposed amending the introductory text of
Sec. Sec. 56.18002(a) and 57.18002(a) to require that an examination
of a working place be conducted before work begins or as miners begin
work in that place. The Agency also proposed amending paragraphs (b)
and (c) of Sec. Sec. 56.18002 and 57.18002 to require that the
examination record include descriptions of only those adverse
conditions that are not corrected promptly and the dates of their
corrective actions. After receiving comments, MSHA published a final
rule on April 9, 2018 (``April 2018 rule'') (83 FR 15055) revising the
introductory text of paragraph (a) of Sec. Sec. 56.18002 and 57.18002,
and paragraphs (b) and (c) of Sec. Sec. 56.18002 and 57.18002.
On May 9, 2018, the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO-CLC and United Mine Workers of America
International Union petitioned the U.S. Court of Appeals for the
District of Columbia Circuit to review the April 2018 rule. The
petitioners argued that the April 2018 rule violated the no-less
protection requirement under sec. 101(a)(9) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. 811(a)(9), and also was ``arbitrary
and capricious'' under the Administrative Procedure Act. See 5 U.S.C.
706.
On June 11, 2019, the Court vacated the April 2018 final rule and
ordered the January 23, 2017 final rule reinstated. United Steel
Workers, et al. v. MSHA, D.C. Cir. No. 18-1116. On July 25, 2019, the
Secretary petitioned the Court for a panel rehearing. The Court denied
the petition for rehearing on August 14, 2019. The Court issued a
mandate on August 23, 2019. Accordingly, in this document, MSHA
recognizes the legal effect of the court order and revises Sec. Sec.
56.18002 and 57.18002 to reinstate the regulatory provisions
established by the January 23, 2017 final rule.
The rule is effective immediately; however, MSHA will use the first
90 days to fully implement the rule. During this time, MSHA will hold
informational stakeholder meetings and provide in-person compliance and
technical assistance to ensure that miners and mine operators
understand the rule's requirements. The dates, times, locations, and
other information will be announced in a separate document in the
Federal Register, and will be posted on www.msha.gov. Compliance
assistance materials that include the MSHA's inspector training
materials will be available on the Agency's website at www.msha.gov.
MSHA determined that the final rule published on January 23, 2017,
will result in $34.5 million in annual costs for the MNM industry (82
FR 7680, 7682). At that time, the Agency estimated that the total
undiscounted costs of the final rule over 10 years will be $345.1
million; at a 3 percent discount rate, $294.4 million; and at a 7
percent discount rate, $242.4 million (Id.). Reinstating the provisions
of this final rule will eliminate the $27.6 million savings estimated
for the April 2018 rule (83 FR 15055, 15056).
MSHA determined that the January 23, 2017 final rule would not have
an annual effect of $100 million or more on the economy and, therefore,
is not an economically significant regulatory action pursuant to
section 3(f) of Executive Order (E.O.) 12866 (82 FR 7680, 7688). The
analyses relating to overall cost, feasibility, Regulatory Flexibility
Analysis, and Paperwork Reduction Act of 1995 costs of the final
[[Page 51401]]
rule remain unchanged since its publication on January 23, 2017. Based
on the requirements of E.O. 13771, the $27.6 million annual savings
attributed to fiscal year 2018 is now a regulatory cost for the current
fiscal year.
List of Subjects in 30 CFR Parts 56 and 57
Metals, Mine safety and health, Reporting and recordkeeping
requirements.
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health Administration.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977, as amended by the Mine
Improvement and New Emergency Response Act of 2006, MSHA is amending
chapter I of title 30 of the Code of Federal Regulations as follows:
PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL
MINES
0
1. The authority citation for part 56 continues to read as follows:
Authority: 30 U.S.C. 811.
0
2. Revise Sec. 56.18002 to read as follows:
Sec. 56.18002 Examination of working places.
(a) A competent person designated by the operator shall examine
each working place at least once each shift before miners begin work in
that place, for conditions that may adversely affect safety or health.
(1) The operator shall promptly notify miners in any affected areas
of any conditions found that may adversely affect safety or health and
promptly initiate appropriate action to correct such conditions.
(2) Conditions noted by the person conducting the examination that
may present an imminent danger shall be brought to the immediate
attention of the operator who shall withdraw all persons from the area
affected (except persons referred to in section 104(c) of the Federal
Mine Safety and Health Act of 1977) until the danger is abated.
(b) A record of each examination shall be made before the end of
the shift for which the examination was conducted. The record shall
contain the name of the person conducting the examination; date of the
examination; location of all areas examined; and description of each
condition found that may adversely affect the safety or health of
miners.
(c) When a condition that may adversely affect safety or health is
corrected, the examination record shall include, or be supplemented to
include, the date of the corrective action.
(d) The operator shall maintain the examination records for at
least one year, make the records available for inspection by authorized
representatives of the Secretary and the representatives of miners, and
provide these representatives a copy on request.
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND
NONMETAL MINES
0
3. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
0
4. Revise Sec. 57.18002 to read as follows:
Sec. 57.18002 Examination of working places.
(a) A competent person designated by the operator shall examine
each working place at least once each shift before miners begin work in
that place, for conditions that may adversely affect safety or health.
(1) The operator shall promptly notify miners in any affected areas
of any conditions found that may adversely affect safety or health and
promptly initiate appropriate action to correct such conditions.
(2) Conditions noted by the person conducting the examination that
may present an imminent danger shall be brought to the immediate
attention of the operator who shall withdraw all persons from the area
affected (except persons referred to in section 104(c) of the Federal
Mine Safety and Health Act of 1977) until the danger is abated.
(b) A record of each examination shall be made before the end of
the shift for which the examination was conducted. The record shall
contain the name of the person conducting the examination; date of the
examination; location of all areas examined; and description of each
condition found that may adversely affect the safety or health of
miners.
(c) When a condition that may adversely affect safety or health is
corrected, the examination record shall include, or be supplemented to
include, the date of the corrective action.
(d) The operator shall maintain the examination records for at
least one year, make the records available for inspection by authorized
representatives of the Secretary and the representatives of miners, and
provide these representatives a copy on request.
[FR Doc. 2019-20852 Filed 9-27-19; 8:45 am]
BILLING CODE 4520-43-P
